K1 sent back to NVC / Will Mumbai recognize Utah online marriage?

[littleredscooty 3]

1 hour ago, pushbrk said:

Previous case was K1, so normally USCIS does not review.  They just eventually send a letter saying their approval of the initial petition has expired and the petitioner is free to file again.  More likely they found something in the AP to disqualify.  THAT could have been an error, but USCIS will do nothing to correct it.

 

Time for a "come to jesus" kind of discussion between the couple, before proceeding.  Something caused this, and neither the Consulate or USCIS is going to give them further information on that.

 

As you might imagine, the advice I've read is varied and broad, and not always of one consenus. I understand that no one is going to offer up a letter of explanation, apparently, but it has been suggested elsewhere that we do a records request in order to determine the cause of what happened. Are you saying this isn't actually possible?

[pushbrk 12,876]

1 hour ago, littleredscooty said:

 

As you might imagine, the advice I've read is varied and broad, and not always of one consenus. I understand that no one is going to offer up a letter of explanation, apparently, but it has been suggested elsewhere that we do a records request in order to determine the cause of what happened. Are you saying this isn't actually possible?

It's possible to make a request.  Don't be surprised if the answer contains no details, and takes a long time to get.  I suggest you both study the actual requirements, for a fiancée visa, and do some homework.  Most likely, one of you knows what the ineligibility is.  Most likely is they consider one or both of you were not free to marry on the day the petition was filed, or failed to satisfy them you were.

[SalishSea 17,819]

21 hours ago, littleredscooty said:

Hello all,

 

After sitting in 221g for 10 weeks, our status has updated to say it was sent to NVC. From what I am reading, this means we are being denied. We had already discussed that if we were to be denied, we would go the CR-1 route, vs. refiling the K1 petition. If we were to get married in his country, I would need to have been in the country for 30 days and a whole host of other things that will not be feasible. What could work for us is to do the online Utah marriage ceremony, and then me fly out to him for a few weeks right after. We initially did the K1 visa because at the time it was the quicker way to be together in person (or so was the logic, that isn't true, now is it). I am just wondering if anyone here has knowledge or experience of India accepting and recognizing our marriage as legal and valid, if we go the Utah route? Thank you in advance.

If the denial was because of not enough time spent in person, you will need to fix that before applying again, even with a spouse visa.   There is a lot of fraud out of India.

[littleredscooty 3]

3 hours ago, SalishSea said:

If the denial was because of not enough time spent in person, you will need to fix that before applying again, even with a spouse visa.   There is a lot of fraud out of India.

 Fair point, and maybe we didn't spend enough time in person but we had 3 visits; one was 30 days, one was 10 days, and one was 90 days. I feel like we spent a good amount of time together in person but do you feel this is still far too brief?

[littleredscooty 3]

5 hours ago, pushbrk said:

It's possible to make a request.  Don't be surprised if the answer contains no details, and takes a long time to get.  I suggest you both study the actual requirements, for a fiancée visa, and do some homework.  Most likely, one of you knows what the ineligibility is.  Most likely is they consider one or both of you were not free to marry on the day the petition was filed, or failed to satisfy them you were.

Thank you for the input. We are going over things with a fine tooth comb to understand what could of caused this. Seeing as how 1. everything was pushed along up until the embassy interview stage and 2. the letter given, while a canned response, still said something to the effect that if the CO believes that information obtained during the interview was not available to the officer who would of given the green light to the petition, they must of felt we had some type of inelgibility pertaining to info not included in our original I-129f itself. The only additional documentation that was brought to the interview itself, but not as part of the I-129f itself was the affdavit of financial support. While my current income well exceeds financial guidelines, at the time of the interview I had only been back to work for 6 weeks and thus did not have 3 months worth of income reflected in pay stubs.

[pushbrk 12,876]

11 hours ago, littleredscooty said:

Thank you for the input. We are going over things with a fine tooth comb to understand what could of caused this. Seeing as how 1. everything was pushed along up until the embassy interview stage and 2. the letter given, while a canned response, still said something to the effect that if the CO believes that information obtained during the interview was not available to the officer who would of given the green light to the petition, they must of felt we had some type of inelgibility pertaining to info not included in our original I-129f itself. The only additional documentation that was brought to the interview itself, but not as part of the I-129f itself was the affdavit of financial support. While my current income well exceeds financial guidelines, at the time of the interview I had only been back to work for 6 weeks and thus did not have 3 months worth of income reflected in pay stubs.

You seem focused on your qualifications.  Have either of you been married before? If so, were all previous marriages accurately disclosed, and their ends properly documented?  I suspect the ineligibility, lies with the visa applicant, not the petitioner, and that they know what was inaccurate in the petition and their visa application.  Yes, I know that's a harsh statement, but from my twenty years of membership here, it's my informed opinion.

[littleredscooty 3]

3 hours ago, pushbrk said:

You seem focused on your qualifications.  Have either of you been married before? If so, were all previous marriages accurately disclosed, and their ends properly documented?  I suspect the ineligibility, lies with the visa applicant, not the petitioner, and that they know what was inaccurate in the petition and their visa application.  Yes, I know that's a harsh statement, but from my twenty years of membership here, it's my informed opinion.

Hello again,

Yes, my beneficiary has been married previously and divorced in 2008. We did provide the notarized copy of the divorce decree, and I would think if that was an issue it would of been noted prior to making it to the embassy, wouldn't it have? There is also online record of the divorce, so that does seem to be a dead end. The reason I'm focused on my qualifications, is because the notice received stated something along the lines of if information obtained during the interview process that wasn't available to the adjudicating officer e.g. uscis when the petition was approved, is believed may render applicant inelgible for a visa is found, the petition needs to be returned. Well, the only new information is the Affdavit of support. While he did bring more photos, more relationship evidence etc. to the interview none of it was ever accepted and looked at. Our I 129f was very front loaded with photos of us, us with friends and families, receipts, boarding passes, correspondances etc. so I guess I could see why they didn't want to look at more relationship evidence persay. I'm not going to say "there's no way he could of lied" because let's be real, anyone could of lied, but I can't see what about because everything submitted related to him had more than one source to verify its authenticity.

[Lemonslice 4,836]

10 minutes ago, littleredscooty said:

Hello again,

Yes, my beneficiary has been married previously and divorced in 2008. We did provide the notarized copy of the divorce decree, and I would think if that was an issue it would of been noted prior to making it to the embassy, wouldn't it have? There is also online record of the divorce, so that does seem to be a dead end. The reason I'm focused on my qualifications, is because the notice received stated something along the lines of if information obtained during the interview process that wasn't available to the adjudicating officer e.g. uscis when the petition was approved, is believed may render applicant inelgible for a visa is found, the petition needs to be returned. Well, the only new information is the Affdavit of support. While he did bring more photos, more relationship evidence etc. to the interview none of it was ever accepted and looked at. Our I 129f was very front loaded with photos of us, us with friends and families, receipts, boarding passes, correspondances etc. so I guess I could see why they didn't want to look at more relationship evidence persay. I'm not going to say "there's no way he could of lied" because let's be real, anyone could of lied, but I can't see what about because everything submitted related to him had more than one source to verify its authenticity.

Have you ever been arrested?

[littleredscooty 3]

11 minutes ago, Lemonslice said:

Have you ever been arrested?

Nope, never arrested nor has he. I haven't even had so much as a traffic ticket.

[Lemonslice 4,836]

If there's really nothing, they might simply doubt the validity of your relationship. 

[littleredscooty 3]

Certainly could be, we definitely tried to make the best possible case we could for displaying validity. Including, the three months we lived together and get togethers with elders and extended family of friends, etc. Involvement with family on both sides, vacations we took together as a couple etc. If there was doubt about validity though, I can't for the life of me understand why more questions weren't asked about the relationship beyond some very basic things.

1 hour ago, Lemonslice said:

If there's really nothing, they might simply doubt the validity of your relationship. 

Certainly could be, we definitely tried to make the best possible case we could for displaying validity. Including, the three months we lived together and get togethers with elders and extended family of friends, etc. Involvement with family on both sides, vacations we took together as a couple etc. If there was doubt about validity though, I can't for the life of me understand why more questions weren't asked about the relationship beyond some very basic things.

 

[Lemonslice 4,836]

5 minutes ago, littleredscooty said:

Certainly could be, we definitely tried to make the best possible case we could for displaying validity. Including, the three months we lived together and get togethers with elders and extended family of friends, etc. Involvement with family on both sides, vacations we took together as a couple etc. If there was doubt about validity though, I can't for the life of me understand why more questions weren't asked about the relationship beyond some very basic things.

Certainly could be, we definitely tried to make the best possible case we could for displaying validity. Including, the three months we lived together and get togethers with elders and extended family of friends, etc. Involvement with family on both sides, vacations we took together as a couple etc. If there was doubt about validity though, I can't for the life of me understand why more questions weren't asked about the relationship beyond some very basic things.

 

I mean, if you feel there's nothing "administrative" justifying the denial, then that's the other option. 

[littleredscooty 3]

Just now, Lemonslice said:

I mean, if you feel there's nothing "administrative" justifying the denial, then that's the other option. 

The only thing I can think of is something with the affdavit of support, because I had been unemployed for about seven months within this last year and only had about six weeks of work history and pay data at the time of his interview / when the affdavit was completed. I know there are income guidelines, and I still exceeded them, even with the  7ish months of non employment, but perhaps there was concerns regardless. I have put in a records request to see if anything in our immigration file helps us make sense of what could of happened here.

 

It's hard to believe that after all the time we were together and evidences we have of things that someone could doubt the validity of the relationship but I guess you're right, anything is possible. Clearly something caused this.

[pushbrk 12,876]

8 hours ago, littleredscooty said:

Hello again,

Yes, my beneficiary has been married previously and divorced in 2008. We did provide the notarized copy of the divorce decree, and I would think if that was an issue it would of been noted prior to making it to the embassy, wouldn't it have? There is also online record of the divorce, so that does seem to be a dead end. The reason I'm focused on my qualifications, is because the notice received stated something along the lines of if information obtained during the interview process that wasn't available to the adjudicating officer e.g. uscis when the petition was approved, is believed may render applicant inelgible for a visa is found, the petition needs to be returned. Well, the only new information is the Affdavit of support. While he did bring more photos, more relationship evidence etc. to the interview none of it was ever accepted and looked at. Our I 129f was very front loaded with photos of us, us with friends and families, receipts, boarding passes, correspondances etc. so I guess I could see why they didn't want to look at more relationship evidence persay. I'm not going to say "there's no way he could of lied" because let's be real, anyone could of lied, but I can't see what about because everything submitted related to him had more than one source to verify its authenticity.

I guarantee you that is not it.  The Consular officer is saying something is amiss, and they learned about it as part of the interview process.  If it was the affidavit of support, you would know it.  There's something your fiancé or fiancée knows that they are not telling you.

[Crazy Cat 41,836]

7 hours ago, littleredscooty said:

The only thing I can think of is something with the affdavit of support, because I had been unemployed for about seven months within this last year and only had about six weeks of work history and pay data at the time of his interview / when the affdavit was completed.

The CO would have told informed the applicant.  They would not have waited.